Could a South Carolina physician practice acupuncture without an acupuncture license under the 2008 act?

Plain-English summary

A senator asked whether a medical doctor trained in acupuncture could continue practicing after enactment of South Carolina’s acupuncture law. The Attorney General concluded in 2008 that a physician, like other practitioners, had to meet the acupuncture licensing requirements unless a statutory exception applied.

The opinion identified certification by the national acupuncture commission as one of the ordinary licensing conditions. It also quoted exceptions for certain previously approved practitioners and people who had practiced continuously in the state since 1980. Whether the particular doctor qualified required a case-specific examination; the AG did not decide that factual question.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did a physician’s medical license alone allow acupuncture practice? A: The AG said no. A doctor needed an acupuncture license under the act unless a statutory exception applied.

Q: Did earlier acupuncture training automatically create an exception? A: The opinion did not identify prior training alone as an exception. It pointed to the act’s specific licensing conditions and exceptions and said the individual’s circumstances had to be examined.

Q: Did the AG decide whether the doctor described in the request could keep practicing? A: No. It gave the legal framework but left whether that doctor met the licensing or exception criteria to a case-specific review.

Background and statutory framework

The request concerned a physician who had practiced acupuncture for years. The AG examined the act’s licensing provision and exceptions, including provisions for previously approved practitioners and long-continuous practice, before concluding that physicians were covered unless exempt.

Citations and references

Statutes: The opinion discussed Sections 40-47-720(A) and 40-47-725.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-15-2008-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/05/sheheen-v-a-os-8648-9-15-08-acupuncture-act-of-sc.pdf

Original opinion text

H ENRY M CMASTER
A1TORNEY G ENERA L

September 15, 2008

The Honorable Vincent A. Sbebeen
Senator, Disttict No. 27
P. 0. Drawer 10
Camden, South Carolina 29020
Dear Representative Sheheen:

ln a Jetter to fujs office you questioned whether a licensed medjcal doctor who has been trained in acupuncture under AMA credits and who has practice acupuncture for many years is now prohibited from performing such procedure because of provisions of S. C. Code Ann. § §40-47-700 et seq. , the "Acupuncture Act of South Carolina." Pursuant to Section 40-47-705( 1), acupuncture is defined as
... a fonn of health care developed from traditional and modern oriental concepts for health care that employs oriental medical techruques, treatment, and adjw1ctive therapies for the promotion, maintenance, and restoration of health and the prevention of disease. The practice of acupuncture does not include: (a) osteopatruc medicine and osteopathic manipulative treatment; (b) "chiropractic" or "chiropractic practice" as defined in Section 409-1 O; or (c) "physical therapy" as defined in Section 40-45-20 or therapies allowed as pati of the practice of physical therapy. Included in the provisions of Section 40-47-720(A) which deals with the licensing ofindividuals to practice acupuncture are the requirements that
[e]ach applicant for a license to practice acupuncture shall: (l) submit a completed application as prescribed by the board' ; (2) submit fees as provided for in Sectjon 40-47-800

'The term "board" is defined by Section 40-47-705(3) as the State Board of Medical Examiners. R EMBERT

c. D ENNIS B UILDING • POST OFFICE Box 11549 • COLUMBIA. SC 2921J -1549 • TELEPHONE 803-734-3970 • FACSLMU.E 803-253-6283

The Honorable Vincent A. Sheheen
Page2
September 15, 2008
(3) hold an active certification in acupuncture by the National Commission for the Certification of Acupuncturists and Oriental Medicine; (4) be of good moral character; (5) not have pled guilty or no lo contendere to or been convicted of a felony or crime of moral turpitude. As to any exceptions to the licensing requirements set forth above, Section 40-4 7-725 states that (A)(l) An acupuncturist who is currently approved by the board to practice acupuncture in this State, who has remained in good standing, and who has successfully completed a nationally recognized clean needle technique course approved by the board must receive initial licensure under this article after submitting: (a) a completed application as prescribed by the board; (b) fees as provided for in Section 40-47-800. (2) However, a license issued pursuant to subsection (A)(l) is only valid for two years. Thereafter for license renewal, the individual must hold an active certification from the National Commission for the Certification of Acupuncture and Oriental Medicine and satisfy the licensure and renewal requirements prescribed in this article. (B) An individual who has continuously practiced acupuncture in this State since 1980, who has remained in good standing, must be issued a license and renewal licenses without meeting the requirements of this chapter after submitting: (1) a completed application as prescribed by the board; and (2) fees as provided for in Section 40-47-800. Consistent with the above, an individual, including a licensed medical doctor, must be licensed consistent with the requirements of Section 40-47-720(A), which includes the requirement of active certification by the National Commission for the Certification of Acupuncturists and Oriental Medicine, in order to practice acupuncture unless that individual meets the requirements of Section 40-47-725 which carves out certain exceptions for certain acupuncture practitioners. I would note further that as set forth, there is an exception in Section 40-47-705(1) for "osteopathic medicine and osteopathic manipulative treatment", "chiropractic practice" and "physical therapy". Each situation would have to be examined on a case by case basis as to whether a particular individual meets the requirements for licensure set forth by Section 40-4 7-720 or is otherwise exempted from the requirements of being licensed as set forth by the Act.

The Honorable Vincent A. Sheheen
Page 3
September 15, 2008

If there are any questions, please advise.
Sincerely,
Henry McMaster
Attorney General

o!aJe;/f/2.PaJZ .__
By:

REVIEWED AND APPROVED BY:

I

1~£21G:£LRobert D. Cook
Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General